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Nondiscrimination. It is the policy of the Federal Highway Administration and <br />the State of Minnesota that no person in the United States will, on the grounds of <br />race, color, or national origin, be excluded from participation in, be denied the <br />benefits of, or be subjected to discrimination under any program or activity <br />receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of <br />the mandate for nondiscrimination in Title VI and through parallel legislation, the <br />prescribed bases of discrimination include race, color, sex, national origin, age, <br />and disability. In addition, the Title VI program has been extended to cover all <br />programs, activities and services of an entity receiving Federal financial <br />assistance, whether such programs and activities are Federally assisted or not. <br />Even in the absence of prior discriminatory practice or usage, a recipient in <br />administering a program or activity to which this part applies, is expected to take <br />affirmative action to assure that no person is excluded from participation in, or is <br />denied the benefits of, the program or activity on the grounds of race, color, <br />national origin, sex, age, or disability. It is the responsibility of the City to carry <br />out the above requirements. <br /> <br />¸3. <br /> <br />Workers' Compensation. Any and all employees of the City or other persons <br />while engaged in the performance of any work or services required or permitted <br />by the City under this agreement will not be considered employees of Mn/DOT, <br />and any and all claims that may arise under the Workers' Compensation Act of <br />Minnesota on behalf of said employees, or other persons while so engaged, will <br />in no way be the obligation or responsibility of Mn/DOT. The City will require <br />proof of Workers' Compensation Insurance from any contractor and sub- <br />contractor. <br /> <br />Utilities. The City will treat all public, private or cooperatively owned utility <br />facilities which directly or indirectly serve the public and which occupy highway <br />rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated <br />herein by reference. <br /> <br />G. AUDIT. <br /> <br />The City will comply with the Single Audit Act of 1984 and Office of <br />Management and Budget (OMB) circular A-133, which are incorporated herein <br />by reference. <br /> <br />As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, <br />records, documents, and accounting procedures and practices of the City are <br />subject to examination by the United States Government, Mn/DOT, and either <br />the Legislative Auditor or the State Auditor as appropriate, for a minimum of <br />seven years. The City will be responsible for any costs associated with the <br />performance of the audit. <br /> <br />MAINTENANCE. The City assumes full responsibility for the operation and <br />maintenance of any facility constructed or improved under this Agreement. <br /> <br /> (Mn/DOT Agreement No. 84231) <br />N:\FedAid\DCP\DCP Agency Agreement & Letter-Merge Template.doc 2/27/03 Page 5 <br /> <br /> <br />